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LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

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  • #16
    Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

    Originally posted by stayingpositiv View Post
    (should the SAR be to Vanquis or Lowell?)
    The SAR goes to the original creditor which is Vanquis in your case.

    You have 33 days from the claim issue date to file your Defence. A SAR can take up to 40 days to receive.

    However after you file your Defence it'll be about another three months before you have to file your Witness Statement so it may be worth it because that's when the content of a SAR can be most useful.

    A SAR provides you with the history of your account which a subsequent debt purchaser may not have access to. This enables you to tell whether a reconstituted document is authentic or a plain forgery.

    Plan B x

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    • #17
      Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

      Thanks again.

      any thoughts on this before I send it off?...
      Originally posted by stayingpositiv View Post
      Thanks Plan B, sounds like a good idea. so, do i need to also edit this bit?

      1. TheAgreement & any associated Terms & Conditions applicable tothe account;
      2. The Notice of Assignment;
      3. TheTermination Notice;
      4. The Default Notice
      5. Anyother documents mentioned in the Particulars of Claim

      with no.5 i don't think they have mentioned any other documents in the claim...
      al
      so, received 'notice of CCC issued' letter today. Bit late

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      • #18
        Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

        Edit the template to suit or leave it as-is. It won't matter but don't strip out the important things you want them to provide. In the POC they'd have said it's a cc debt - so by adding point 5 it's asking for anything relative. You're best sending it as-is.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #19
          Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

          received a response from BW Legal. Its simply a breakdown of outstanding balance, same as on the court letter. nothing else on there and no reply from vanquis as yet

          Comment


          • #20
            Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

            Just had a look at my paperwork and realised that I sernt both CCA and sar to Lowell. Doh. Is there still there time to send the CCA to vanquis?

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            • #21
              Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

              CCA to Lowell 1st class Monday Recorded Delivery be OK you mention the SAR as well sent to Lowell?


              Lowell might forward it but I would not trust them! the copy you sent to Lowell for CCA treat as notification to them of the request and send Vanquis as stated Monday 1st class rerecorded
              Last edited by The Tech Clerk; 5 November 2016, 15:44.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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              • #22
                Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

                Originally posted by The Tech Clerk View Post
                CCA to Lowell 1st class Monday Recorded Delivery be OK you mention the SAR as well sent to Lowell?


                Lowell might forward it but I would not trust them! the copy you sent to Lowell for CCA treat as notification to them of the request and send Vanquis as stated Monday 1st class rerecorded
                OK great, so CCA to Lowell is fine, just need to do sar again to vanquis. Thanks

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                • #23
                  Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

                  Originally posted by stayingpositiv View Post
                  OK great, so CCA to Lowell is fine, just need to do sar again to vanquis. Thanks

                  CCA Vanquis now as well, Lowells will know now you are contacting Vanquis. due to your error sending (the main CCA1974 request) to them by mistake like I said they may/may not forward it, play safe send again but to Vanquis post haste!
                  Last edited by The Tech Clerk; 6 November 2016, 10:12.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #24
                    Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

                    does anyone have any thoughts on the response from BW legal? It doesnt really say anything new or anything atall... should they not have responded with a bit more detail?

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                    • #25
                      Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

                      Should I be thinking about filing a defence? I have no idea what the next steps are, can anyone advise?

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                      • #26
                        Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

                        issue date was 11 Oct, should I not have filed a defense within 28days?

                        Comment


                        • #27
                          Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

                          Need to respond to-day as latest is Sunday get away with by 4 p.m. Monday ? 28 days + 5 days postage allowed.
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                          • #28
                            Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

                            Sorry, I should respond or them? I truly have no idea what the next step is, could do with some guidance if thats possible

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                            • #29
                              Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

                              Hi - have you done a defence or not? I'm pretty sure I lined you up with Jo...

                              Suggest you ring ASAP - 0151 254 6980
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment


                              • #30
                                Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

                                Thanks Niddy, no defense, I was awaiting next steps, but didn't know about Jo. will call now

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